Garcia v. Escobar

225 Cal. Rptr. 3d 300, 17 Cal. App. 5th 267
CourtCalifornia Court of Appeal, 5th District
DecidedNovember 15, 2017
DocketB279530
StatusPublished
Cited by5 cases

This text of 225 Cal. Rptr. 3d 300 (Garcia v. Escobar) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Garcia v. Escobar, 225 Cal. Rptr. 3d 300, 17 Cal. App. 5th 267 (Cal. Ct. App. 2017).

Opinion

FLIER, J.

*269"A 'juvenile court' is a superior court exercising limited jurisdiction arising under juvenile law." ( In re Chantal S. (1996) 13 Cal.4th 196, 200, 51 Cal.Rptr.2d 866, 913 P.2d 1075.) " '[F]amily court' refers to the activities of one or more superior court judicial officers who handle litigation arising under the Family Code. It is not a separate court with special jurisdiction, but is instead the superior court performing one of its general duties." ( Id . at p. 201, 51 Cal.Rptr.2d 866, 913 P.2d 1075.) Both the juvenile court and the family court may issue protective orders to protect against domestic violence. ( Welf. & Inst. Code, §§ 213.5, 304 ; Fam. Code, §§ 6218, 6320.) A protective order enjoins specific acts of abuse. ( Fam. Code, § 6218.)

In this case, the juvenile court issued a protective order, protecting appellant Maria G. Garcia and her daughter and enjoining respondent Gilbert Escobar from specified acts of abuse. The protective order remained effective after the juvenile court terminated its jurisdiction. On appeal, Garcia and amicus curiae persuasively show that Family Code section 6345 -which governs the renewal of a domestic violence restraining order-applies to the renewal of a domestic violence restraining order issued by a juvenile court (not exclusively to the renewal of an order issued by the family court). We hold that after a juvenile court has terminated its jurisdiction, the family court has jurisdiction over domestic *302violence orders and may issue a renewal. We remand the case to the superior court to apply the renewal statute.

BACKGROUND

Garcia and Escobar dated for seven years and separated in July 2013. Their only child, A., was three at the time of their separation.

On July 29, 2013, Garcia filed a request for a restraining order in family court (Judicial Council form DV-100). The case apparently was transferred to *270juvenile court. On September 16, 2013, the juvenile court issued a restraining order protecting Garcia and A. from Escobar. The order indicated that it was an "[o]rder [a]fter [h]earing," and that a hearing had been conducted September 16, 2013. The order expired September 16, 2016. The order was on a form mandated by the Judicial Council, which referenced both the Welfare and Institutions Code and the Family Code. The order enjoined Escobar from "molest[ing], attack[ing], strik[ing], stalk[ing], threaten[ing], sexually assault[ing], batter[ing], harass[ing], destroy[ing] the personal property of, contact[ing], or disturb[ing] the peace" and required him to stay 100 yards from Garcia and A. except for his visitation of A.

On May 20, 2014-prior to the expiration of the restraining order-the juvenile court terminated its jurisdiction. Escobar was permitted only supervised visitation of A. because, among other reasons, he had not made progress in his court ordered domestic violence offenders program.

1. Request for Domestic Violence Restraining Order

On September 7, 2016 (nine days before her juvenile court restraining order was set to expire), Garcia filed a request for a domestic violence restraining order in family court. A copy of the juvenile court's restraining order was attached to Garcia's declaration. Also on September 7, 2016, Garcia caused Escobar to be served with notice of a hearing on the restraining order.

2. Hearing

At the outset of the hearing concerning Garcia's requested restraining order, the trial court indicated that it understood Garcia's application as a request for a restraining order, not a request for the renewal of a restraining order. The court stated: "[T]he way I read the papers is, this is not really a renewal, it is a request for a restraining order." Garcia's counsel did not argue that she was requesting a renewal. But subsequently, the parties appeared willing to stipulate to a renewal of a restraining order though no stipulation concerning a five-year or other specific time period was discussed. The trial court, however, concluded it did not have jurisdiction to renew the restraining order because it was issued by the juvenile court.1

*2713. Order

The trial court issued a one-year restraining order on October 21, 2016. The trial court's order protected both Garcia and A. from Escobar.

*303DISCUSSION

As we shall explain, the family court erroneously concluded that it lacked jurisdiction to renew Garcia's restraining order.

Family Code section 6345, subdivision (a) provides: "In the discretion of the court, the personal conduct, stay-away, and residence exclusion orders contained in a court order issued after notice and a hearing under this article may have a duration of not more than five years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, either for five years or permanently, without a showing of any further abuse since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the orders." As we shall explain, section 6345 applies not only to restraining orders issued by the family court, but also to restraining orders issued by the juvenile court.

When a Welfare and Institutions Code section 300 petition is filed in juvenile court, the juvenile court has jurisdiction to issue restraining orders until the petition is dismissed or the dependency is terminated. ( Cal. Rules of Court, rules 5.620(b), 5.630.) The jurisdiction of the juvenile court is not affected by the jurisdiction of the family court. ( Fam. Code, § 6221, subd. (b).) However, once the juvenile court terminates jurisdiction, the family court assumes jurisdiction over restraining orders issued in juvenile court. (See Welf. & Inst. Code, § 362.4.)2

Even when the juvenile court has jurisdiction, the Family Code applies to protective orders issued by the juvenile court. ( In re Chantal S ., supra

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Cite This Page — Counsel Stack

Bluebook (online)
225 Cal. Rptr. 3d 300, 17 Cal. App. 5th 267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-escobar-calctapp5d-2017.